12.1-12-06. Threatening public servants

12.1-12-06. Threatening public servants 1. A person is guilty of a class C felony if that person threatens harm to a public servant with intent to influence the public servant's official action as a public servant in a pending or prospective judicial or administrative proceeding held before the public servant, or with intent to influence the public servant to violate the public servant's duty as a public servant. 2. A person is guilty of a class C felony if, with intent to influence another's official action as a public servant, the person threatens: a. To commit any crime or to do anything unlawful; b. To accuse anyone of a crime; or c. To expose a secret or publicize an asserted fact, whether true or false, tending to subject any individual, living or deceased, to hatred, contempt, or ridicule, or to impair another's credit or business repute. 3. a. A person is guilty of an offense if the person files any lien or encumbrance against real or personal property of a public servant if that person knows or has reason to know the lien or encumbrance is false or contains any materially false or fraudulent statement or representation. b. An offense under this subsection is a class A misdemeanor, unless the person previously pled guilty or had been convicted under this subsection on two or more occasions, in which event the offense is a class C felony. 4. It is not a defense to a prosecution under this section that an individual whom the actor sought to influence was not qualified to act in the desired way whether because the individual had not yet assumed office, or lacked jurisdiction, or for any other reason.